S J LU Vs. NABAKISHORE PATRA

JUDGEMENT

(1.) THE appellant is the sole opposite party in C.D.Case no. 169 of 2002 filed by the complainant/respondent for compensation of Rs.50,000/ - alleging deficiency in service against the appellant causing medical negligence.

(2.) WHILE adjudicating the dispute in between the parties, the District Forum vide its order dated 6.3.2003 hold in the C.D.Case that the allegation by the respondent against the appellant is highly probable with a finding of fact that as the complainant sustained severe pain and there was excess bleeding, the appellant, has uprooted respondent s good tooth instead of the infected tooth. Therefore, District Forum directed appellant to pay to the respondent compensation of Rs.5,000/ - and litigation expense of Rs.500/ -. Being aggrieved against this order, the opposite party has preferred this appeal.

(3.) WE have heard Mr. Nirmal Pattnaik the learned counsel for the appellant and Mr. S.C.Dash the learned counsel appearing for the respondent and also perused the pleadings of the parties, xerox copies of Doctor s certificates and other documents and the memo of appeal.